Tilak Ram v Nathu
AIR 1967 SC 93519671 min read
The case in brief30-second read
- Facts
- In a suit for redemption of a mortgage, the plaintiffs relied on documents that recited the existence of the mortgage as acknowledgments extending limitation.
- Issue
- Whether the recitals amounted to an acknowledgment under S.19 of the Limitation Act 1908.
- Held
- A mere recital of a mortgage is not an acknowledgment. There must be a conscious admission of a subsisting liability, here the mortgagee's liability to be redeemed. The documents did not do that, so the suit was time-barred.
- Principle
- An acknowledgment must admit a subsisting liability; describing a past transaction is not enough.
Facts
- In a suit for redemption of a mortgage, the plaintiffs relied on documents that recited the existence of the mortgage as acknowledgments extending limitation.
Issue
- Whether the recitals amounted to an acknowledgment under S.19 of the Limitation Act 1908.
Held
- A mere recital of a mortgage is not an acknowledgment. There must be a conscious admission of a subsisting liability, here the mortgagee's liability to be redeemed. The documents did not do that, so the suit was time-barred.
Cite this
Citation
Tilak Ram v Nathu AIR 1967 SC 935Reported: https://indiankanoon.org/doc/968885/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.